VOLUSIA EXPOSED

VOLUSIA EXPOSED.COM

The Officer Gittner investigations.

Have Volusia County officials allowed documents to be falsified in internal affairs investigations?

Did Officer Gittner resign while under investigation?

Did Volusia County officials enter into an illegal QUID PRO QUO agreement with Officer Gittner?

If so, will that negatively influence her credibility as a county witness, in the up coming Beach Patrol federal lawsuits?

Updated
February 13, 2012

"Wait a minute, Doc. Ah... Are you telling me that you built a time machine... out of a DeLorean?"
Marty McFly
"Back to the Future" (1985)

UPDATES
OFFICER GITTNER'S SEPARATION AGREEMENT and CJSTC 61 SEPARATION AFFIDAVIT - NOW AVAILABLE

Did Officer Gittner and Volusia County enter into a QUID PRO QUO agreement - her testimony in the Gardner and Federal lawsuit matters in exchange for a fraudulent CJSTC 61 form filing indicating that she resigned "not involving misconduct"?

Officer Gittner's CJSTC 61 was filed by Volusia County officials indicating, as agreed upon in her separation agreement, a separation "not involving misconduct". However, records clearly indicate that on December 23, 2011 (the date of her resignation), she was under two internal affairs investigations. Doesn't CJSTC's rules mandate that if an officer resigns while under investigation, that the CJSTC 61 MUST reflect a separation involving misconduct?

END OF UPDATES

The BACK TO THE FUTURE approach to internal affairs investigations.

Recently, VolusiaExposed.Com received an anonymous tip that Volusia County Beach Patrol Officer Gittner was being "forced" to resign due to her involvement in the Captain Gardner investigation.

Below are two media links (Daytona Beach News Journal) that outline the Captain R. Gardner situation.

Based on our anonymous tip, VolusiaExposed made a public record request in an attempt to verify that Officer Gittner had submitted her resignation paperwork.

Sure enough, the records reflected that on December 7, 2012, Ofc. Gittner was ordered by Deputy Director Pozzo to turn over her private cell phone records to Volusia County investigators, in order to forward the county's investigation of Captain Gardner.

Records further indicated, that Officer Gittner initially refused to release her cell phone records, and therefore was placed (December 14, 2011) under an internal affairs investigation, in which it was alleged that she was in violation of State moral character standards.

Deputy Director Pozzo responded by submitting a December 14, 2011 memo to Internal Affairs Captain N. Dofflemyer, for her (Dofflemyer) to investigate whether Ofc. Gittner was in violation of several moral character standards. (as defined in Florida Administrative Code 11B-27.0011).

On December 14, 2011 - Captain Dofflemyer sent Ofc. Gittner the below memo advising her that she was under internal investigation for several violations of FAC 11B-27.0011 and county policies.

It is clear - and is further supported by Deputy Director Pozzo's December 20, 2011 memo to Ofc. Gittner, that as late as the 20th of December, she was actively being investigated under both IA-2011-09-297 (along with Captain Gardner) and the new IA-2011-12-302 (refusal to release cell phone records).

Officer Gittner then submitted a December 23, 2011 letter of resignation.

On the date of her resignation (Decemeber 23, 2011), county records support that Ofc. Gittner was still under two internal affairs investigations (IA-2011-09-297 and IA-2011-12-302).

Under Florida law, any officer that resigns while under investigation, that resignation must be reported to FDLE as an unfavorable separation. We invite you to read page 3-4 of a May 2010 FDLE / CJSTC Professional Compliance Bulletin regarding the handling of officers that retire / resign while under internal affairs investigation.

This is what happened in the November 2010 situation surrounding VCSO Captain Osowski - he submitted his resignation prior to his internal affairs investigation being completed. Regardless of the investigative conclusion, Captain Osowski's CJSTC 61 form (Affidavit of Separation) had to be submitted under a 8F status - (Unfavorable / Misconduct) - "Voluntary separation or retirement while being investigated for violation of Section 943.13(4) or violation of moral character standards defined in Rule 11B-27.0011".

However, on December 28, 2011 - Deputy Director Pozzo sent the below memo to Internal Affairs Captain Dofflemyer. Within this memo, Pozzo orders Dofflemyer to do the following - cease her investigation (IA-2011-12-302 only) into Officer Gittner - document a "no finding" in the investigation and report the case closed as of December 22, 2011 (a day prior to Officer Gittner submitting her resignation letter).

Interesting - can law enforcement agencies legally manipulate the timeline of an investigation like that? VolusiaExposed.Com believes that this is a seriously questionable practice (back dating paperwork), or has the making of yet another sequel to the blockbuster movie - "Back to the Future" (1985).

VolusiaExposed doesn't anticipate seeing a nuclear powered Delorean parked outside the county administration building any time soon. But, if time lines can be manipulated - what's next - the manipulation of evidence, charges, or maybe a total manipulation of the entire investigative process?

VolusiaExposed.Com attempted to obtain the document that authorized the closure of IA-2011-09-297 in regards to Ofc. Gittner, the county could not or would not supply the requested document. Please see VolusiaExposed.Com request for these closure documents - as well as Volusia County Spokesman, Dave Byron's assurance that the below (9) nine page public records release was all that was available regarding Ofc. Gittner and IA case numbers 2011-09-297 and 2011-12-302.

Therefore, VolusiaExposed.Com holds the opinion that Ofc. Gittner resigned on December 23, 2011 while still being actively investigated in two separate internal affairs investigations (IA-2011-09-297 and IA-2011-12-302).

Because of such, Ofc. Gittner's CJSTC 61 form should be filed under the 8F status, as was VCSO Captain Osowski. Further, because such a separation would not meet the definition of a "good standing separation", some of Ofc. Gittner's separation benefits should be reduced by 80 percent. We invite you to read the below - Ofc. Watkins / Ofc. Snider link, for a better understanding of the matter of reducing separation benefits.

Will Ofc. Gittner's CJSTC 61 be submitted to FDLE, indicating an unfavorable separation? Will Ofc. Gittner's separation benefits be reduced by 80 percent, due to a lack of good standing separation?

VolusiaExposed.Com suspects that Ofc. Gittner's CJSTC 61 form will indicate a separation -"NOT involving misconduct" and that she will receive 100% of her separation benefits.

As indicated in the above January 5, 2011 Daytona Beach News Journal article, Ofc. Gittner was an instructor to the under age female recruits on "the importance of not getting involved with somebody at work, to be mindful of their reputations and to be conscious of the decisions they make." VolusiaExposed.Com wonders if she is on the county's witness list in the pending federal lawsuit, filed by several under age girls, alleging that they were coerced into having sex with male law enforcement officers?

Has the county engaged Ofc. Gittner in a "Quid Pro Quo" agreement, in regards to her separation, and her assistance in the Gardner situation and federal lawsuit? After all, didn't Ofc. Gittner finally turn over her cell phone records, after stating that she would not? We invite you to read a December 23, 2011 "Separation Agreement" between Officer Gittner and the County of Volusia.

You can depend on VolusiaExposed to closely monitor this developing situation. We also anticipate further public record requests on this topic.

Until, our next update on this matter, we invite you to review the Daytona Beach News Journal's SPECIAL REPORT on the developing sex scandal coming out of the Volusia County Beach Patrol.